Ex-Husband Had Funds Available To Pay Obligations/Fees, With Financial Disparity Between The Parties.
Family Code section 2030, which we have discussed frequently, authorizes a court to make an award of attorney’s fees and costs where there is a “disparity” in “ability to pay” for legal representation. Ex-husband was assessed a $75,000 fee award “hit” in favor of ex-wife in Raisch v. Raisch, Case No. H037520 (6th Dist. Aug. 27, 2013) (unpublished). He appealed.
He did not succeed. The records demonstrated he had nearly $1 million available in 2010, paying his own fees in the dissolution proceeding while wife racked up $350,000 in fees and costs. Ex-husband unilaterally cut off child support and concealed funds so as to prolong the litigation. Ex-husband was employed, making $5,000 a month while ex-wife had no income at all as the primary caretaker for minor children. No abuse of discretion in the fee award issued by the family law judge in this one.